BILL NUMBER: AB 1300	CHAPTERED  07/19/00

	CHAPTER   142
	FILED WITH SECRETARY OF STATE   JULY 19, 2000
	APPROVED BY GOVERNOR   JULY 19, 2000
	PASSED THE SENATE   JULY 6, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	AMENDED IN SENATE   JUNE 22, 2000
	AMENDED IN SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 1, 1999
	AMENDED IN ASSEMBLY   JUNE 1, 1999
	AMENDED IN ASSEMBLY   APRIL 28, 1999
	AMENDED IN ASSEMBLY   APRIL 6, 1999

INTRODUCED BY   Assembly Members Rod Pacheco, Brewer, and Oller
   (Principal coauthor:  Senator Johnston)
   (Coauthors:  Assembly Members Cunneen and Washington)
   (Coauthor:  Senator Polanco)

                        FEBRUARY 26, 1999

   An act to amend Sections 3000 and 3000.1 of, to add and repeal
Article 1.5 (commencing with Section 3005) of Chapter 8 of Title 1 of
Part 3 of, the Penal Code, relating to sex offenders, and declaring
the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1300, Rod Pacheco.  Sex offenders:  parole.
   Existing law provides for the parole of sex offenders, as
specified.
   This bill, the "Sex Offender Containment Act," would provide that
those sex offenders guilty of rape, sodomy, oral copulation by force,
lewd acts on a child under 14 years of age, continuous sexual abuse
of a child, or rape in concert, as specified, shall be subject to a
maximum of 5 years of continuous parole.  This bill would also
provide that if the inmate received a life sentence for commission of
certain sex offenses, the period of parole shall be 5 years, which
could be extended upon specified conditions for an additional 5-year
period.
   The bill would also provide for the intensive parole supervision
of specified sex offenders by the Department of Corrections, subject
to legislative appropriation of necessary funds, and provide for
reports from the Department of Corrections to the Legislature
regarding sexually violent predators, as specified.  The bill would
also provide that the provisions described in this paragraph would be
repealed on July 1, 2006.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as the "Sex
Offender Containment Act."
  SEC. 2.  The Legislature finds and declares the following:
   (a) About half of the 7,300 adult sex offenders now under state
parole supervision are considered to pose a high risk of committing
new sex crimes and other violent acts.
   (b) Very few of these offenders have received any treatment while
in prison to curb their pattern of criminal activities, and only a
fraction of them receive intensive supervision, treatment, and
control after they are released into the community.
   (c) Two out of three fail on parole by committing new crimes or
parole violations.
   (d) In light of the above concerns, the implementation of a
strategy of "containment" of high-risk adult sex offenders is
necessary.
   (e) This containment strategy would include longer and more
intensive supervision of high-risk adult sex offenders released on
parole, and the study and creation of an intensive treatment program
for high-risk offender parolees by the Department of Corrections.
   (f) Containment is an approach intended to prevent a sex offender
who has been released on parole from committing new crimes.
   (g) The containment approach emphasizes making the safety of the
community and past sex crime victims a high priority, and calls for
individualized case management of sex offenders that addresses the
specific supervision, treatment, and controls needed to reintegrate
them safely in the community.
   (h) In summary, the benefits of the containment of sex offenders
would be improved public safety, including a reduction in new crimes
and parole violations by sex offenders on parole; better use of state
parole resources with more intense efforts for a longer period of
time to supervise high-risk offenders; more and better information
for parole agents to identify the sex offenders who pose the greatest
risk to the public and impose appropriate conditions of parole to
reduce the risk; better use of parole outpatient clinics; and
significant long-term net savings to the state and local government
potentially in the tens of millions of dollars annually, due
primarily to lower costs for the prison and mental hospital systems,
the criminal justice system, and for assistance to crime victims.
  SEC. 3.  Section 3000 of the Penal Code is amended to read:
   3000.  (a) (1) The Legislature finds and declares that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship.  It is in the interest of public safety for the state to
provide for the supervision of and surveillance of parolees,
including the judicious use of revocation actions, and to provide
educational, vocational, family and personal counseling necessary to
assist parolees in the transition between imprisonment and discharge.
  A sentence pursuant to Section 1168 or 1170 shall include a period
of parole, unless waived, as provided in this section.
   (2) The Legislature finds and declares that it is not the intent
of this section to diminish resources allocated to the Department of
Corrections for parole functions for which the department is
responsible.  It is also not the intent of this section to diminish
the resources allocated to the Board of Prison Terms to execute its
duties with respect to parole functions for which the board is
responsible.
   (3) The Legislature finds and declares that diligent effort must
be made to ensure that parolees are held accountable for their
criminal behavior, including, but not limited to, the satisfaction of
restitution fines and orders.
   (4)  Any finding made pursuant to Article 4 (commencing with
Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and
Institutions Code, that a person is a sexually violent predator
shall not toll, discharge, or otherwise affect that person's period
of parole.
   (b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall
apply:
   (1) At the expiration of a term of imprisonment of one year and
one day, or a term of imprisonment imposed pursuant to Section 1170
or at the expiration of a term reduced pursuant to Section 2931, if
applicable, the inmate shall be released on parole for a period not
exceeding three years, except that any inmate sentenced for an
offense specified in paragraph (3), (4), (5), (6), (16), or (18) of
subdivision (c) of Section 667.5, shall be released on parole for a
period not exceeding five years, unless in either case the parole
authority for good cause waives parole and discharges the inmate from
the custody of the department.
   (2) In the case of any inmate sentenced under Section 1168, the
period of parole shall not exceed five years in the case of an inmate
imprisoned for any offense other than first or second degree murder
for which the inmate has received a life sentence, and shall not
exceed three years in the case of any other inmate, unless in either
case the parole authority for good cause waives parole and discharges
the inmate from custody of the department.  This subdivision shall
also be applicable to inmates who committed crimes prior to July 1,
1977, to the extent specified in Section 1170.2.
   (3) Notwithstanding paragraphs (1) and (2), in the case of any
offense for which the inmate has received a life sentence pursuant to
Section 667.61, the period of parole shall be five years.  Upon the
request of the Department of Corrections, and on the grounds that the
paroled inmate may pose a substantial danger to public safety, the
Board of Prison Terms shall conduct a hearing to determine if the
parolee shall be subject to a single additional five-year period of
parole.  The board shall conduct the hearing pursuant to the
procedures and standards governing parole revocation.  The request
for parole extension shall be made no less than 180 days prior to the
expiration of the initial five-year period of parole.
   (4) The parole authority shall consider the request of any inmate
regarding the length of his or her parole and the conditions thereof.

   (5) Upon successful completion of parole, or at the end of the
maximum statutory period of parole specified for the inmate under
paragraph (1) or (2), as the case may be, whichever is earlier, the
inmate shall be discharged from custody.  The date of the maximum
statutory period of parole under this subdivision and paragraphs (1)
and (2) shall be computed from the date of initial parole and shall
be a period chronologically determined.  Time during which parole is
suspended because the prisoner has absconded or has been returned to
custody as a parole violator shall not be credited toward any period
of parole unless the prisoner is found not guilty of the parole
violation.  However, in no case, except as provided in Section 3064,
may a prisoner subject to three years on parole be retained under
parole supervision or in custody for a period longer than four years
from the date of his or her initial parole, and, except as provided
in Section 3064, in no case may a prisoner subject to five years on
parole be retained under parole supervision or in custody for a
period longer than seven years from the date of his or her initial
parole.
   (6) The Department of Corrections shall meet with each inmate at
least 30 days prior to his or her good time release date and shall
provide, under guidelines specified by the parole authority, the
conditions of parole and the length of parole up to the maximum
period of time provided by law.  The inmate has the right to
reconsideration of the length of parole and conditions thereof by the
parole authority.  The Department of Corrections or the Board of
Prison Terms may impose as a condition of parole that a prisoner make
payments on the prisoner's outstanding restitution fines or orders
imposed pursuant to subdivision (a) or (c) of Section 13967 of the
Government Code, as operative prior to September 28, 1994, or
subdivision (b) or (f) of Section 1202.4.
   (7) For purposes of this chapter, the Board of Prison Terms shall
be considered the parole authority.
   (8) The sole authority to issue warrants for the return to actual
custody of any state prisoner released on parole rests with the Board
of Prison Terms, except for any escaped state prisoner or any state
prisoner released prior to his or her scheduled release date who
should be returned to custody, and Section 3060 shall apply.
  SEC. 4.  Section 3000.1 of the Penal Code is amended to read:
   3000.1.  (a) In the case of any inmate sentenced under Section
1168 for any offense of first or second degree murder with a maximum
term of life imprisonment, the period of parole, if parole is
granted, shall be the remainder of the inmate's life.
   (b) Notwithstanding any other provision of law, when any person
referred to in subdivision (a) has been released on parole from the
state prison, and has been on parole continuously for seven years in
the case of any person imprisoned for first degree murder, and five
years in the case of any person imprisoned for second degree murder,
rape, or child molestation, since release from confinement, the board
shall, within 30 days, discharge that person from parole, unless the
board, for good cause, determines that the person will be retained
on parole.  The board shall make a written record of its
determination and transmit a copy of it to the parolee.
   (c) In the event of a retention on parole, the parolee shall be
entitled to a review by the board each year thereafter.
   (d) There shall be a hearing as provided in Sections 3041.5 and
304l.7 within 12 months of the date of any revocation of parole to
consider the release of the inmate on parole, and notwithstanding the
provisions of paragraph (2) of subdivision (b) of Section 3041.5,
there shall be annual parole consideration hearings thereafter,
unless the person is released or otherwise ineligible for parole
release.  The panel or board shall release the person within one year
of the date of the revocation unless it determines that the
circumstances and gravity of the parole violation are such that
consideration of the public safety requires a more lengthy period of
incarceration or unless there is a new prison commitment following a
conviction.
   (e)  The provisions of Section 3042 shall not apply to any hearing
held pursuant to this section.
  SEC. 5.  Article 1.5 (commencing with Section 3005) is added to
Chapter 8 of Title 1 of Part 3 of the Penal Code, to read:

      Article 1.5.  Intensive Parole Supervision of Sex Offenders

   3005.  (a) The Department of Corrections, to the maximum extent
practicable and feasible, and subject to legislative appropriation of
necessary funds, shall ensure, by July 1, 2001, that all parolees
under active supervision and deemed to pose a high risk to the public
of committing violent sex crimes shall be placed on an intensive and
specialized parole supervision caseload.
   (b) The Department of Corrections shall develop and, at the
discretion of the director, and subject to an appropriation of the
necessary funds, may implement a plan for the implementation of
relapse prevention treatment programs, and the provision of other
services deemed necessary by the department, in conjunction with
intensive and specialized parole supervision, to reduce the
recidivism of high-risk sex offenders.
   (c) The Department of Corrections shall study the effects of this
legislation on recidivism rates of parolees.  The study shall be a
two-year analysis completed by January 1, 2003, with an initial
report to the Legislature on or before January 1, 2004, and a final
report on or before January 1, 2006.
  (d) This section shall remain in effect only until July 1, 2006,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2006, deletes or extends that date.
  SEC. 6.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   Thousands of adult sex offenders are being released each year to
state parole supervision who are deemed to pose a high risk of
committing new sex crimes and other violent acts.  Very few of these
offenders are receiving adequate parole supervision, few receive any
treatment while in prison to curb their pattern of criminal
activities, and only a fraction receive intensive supervision,
treatment, and control after they are released into the community.
In order to address these significant public safety concerns, it is
essential that this act take effect immediately.
